COMMITTEE SUBSTITUTE
FOR
Senate Bill No. 314
(By Senators Palumbo, McCabe, Foster, Wells, D. Facemire,
Plymale, Unger, Guills and Snyder)
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[Originating in the Committee on Government Organization;
reported March 5, 2009.]
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A BILL to amend and reenact §3-3-2a of the Code of West Virginia,
1931, as amended, relating to early voting; and authorizing
county commissions to designate voting locations other than
the county courthouse or annex of the courthouse.
Be it enacted by the Legislature of West Virginia:
That §3-3-2a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 3. VOTING BY ABSENTEES.
§3-3-2a. Early voting areas; prohibition against display of
campaign material.
(a) The county commission may designate locations within the
county for early voting, other than the county courthouse or annex
of the courthouse: Provided, That early voting in a location other
than the county courthouse or annex of the courthouse shall be conducted in compliance with the provisions of this section and
article.
(b) Throughout the period of early in-person voting, the
official designated to supervise and conduct absentee voting shall
make the following provisions for voting:
(1) The official shall provide a sufficient number of voting
booths or devices appropriate to the voting system at which voters
may prepare their ballots. The booths or devices are to be in an
area separate from but within clear view of the public entrance
area of the official's office or other area designated by the
county commission for absentee voting and are to be arranged to
ensure the voter complete privacy in casting the ballot.
(2) The official shall make the voting area secure from
interference with the voter and shall ensure that voted and unvoted
ballots are at all times secure from tampering. No person, other
than a person lawfully assisting the voter according to the
provisions of this chapter, may be permitted to come within five
feet of the voting booth while the voter is voting. No person,
other than the officials or employees of the official designated to
supervise and conduct absentee voting or members of the board of
ballot commissioners assigned to conduct absentee voting, may enter
the area or room set aside for voting.
(3) The official designated to supervise and conduct absentee
voting shall request the county commission designate another area
within the county courthouse or any annex of the courthouse as a
portion of the official's office,
or the said official may request the county commission designate other locations within the county,
for the purpose of absentee voting in the following circumstances:
(A) If the voting area is not accessible to voters with
physical disabilities;
(B) If the voting area is not within clear view of the public
entrance of the office of the official designated to supervise and
conduct absentee voting; or
(C) If there is no suitable area for absentee voting within
the office.
Any designated area is subject to the same requirements as
the regular absentee voting area.
(4) The official designated to supervise and conduct absentee
voting shall have at least two representatives to assist with
absentee voting:
Provided, That the two representatives shall not
be registered with the same political party affiliation or two
persons registered with no political party affiliation. The
representatives may be full-time employees, temporary employees
hired for the period of absentee voting in person or volunteers.
(5) No person may do any electioneering nor may any person
display or distribute in any manner, or authorize the display or
distribution of, any literature, posters or material of any kind
which tends to influence the voting for or against any candidate or
any public question on the property of the county courthouse or any
annex facilities,
or any other designated early voting locations within the county, during the entire period of regular in-person
absentee voting. The official designated to supervise and conduct
absentee voting is hereby authorized to remove the material and to
direct the sheriff of the county to enforce the prohibition.